Rule 45.Subpoena.

Last amended January 1, 2015 · Last verified July 3, 2026

In one sentenceRule 45 covers how a subpoena is issued and served, what it can command a person to do, and what happens if that person doesn't comply.

Full Text of Rule 45

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) For attendance of witnesses; form; issuance. Every subpoena shall be issued by the clerk of the circuit court of the circuit in which the action is pending under the seal of the court, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified. The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service.

(b) For production of documentary evidence. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, electronically stored information, or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, electronically stored information, or tangible things. A subpoena may specify the form or forms in which documents or electronically stored information are to be produced.

(1) anywhere in the State by the sheriff or deputy sheriff or by any other person who is not a party and is not less than 18 years of age; or (2) in any county by the chief of police or a duly authorized subordinate. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to such person the fees for one day's attendance and the mileage allowed by law. When the subpoena is issued on behalf of the State or a county, or an officer or agency of the State or a county, fees and mileage need not be tendered.

(d) Subpoena for taking depositions; place of examination.

(1) Proof of service of a notice to take a deposition as provided in Rules 30(b) and 31(a) constitutes a sufficient authorization for the issuance by the clerk of the circuit court of the circuit in which the deposition is to be taken of subpoenas for the persons named or described therein. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, electronically stored information, or tangible things which constitute or contain matters within the scope of the examination permitted by Rule 26(b), but in that event the subpoena will be subject to the provisions of Rule 26(c) and subdivision (b) of this Rule 45. The person to whom the subpoena is directed may, within 10 days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than 10 days after service, serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. The party serving the subpoena may, if objection has been made, move upon notice to the deponent for an order at any time before or during the taking of the deposition.

(2) A resident of the State may be required to attend an examination only in the county wherein the person resides or is employed or transacts business in person, or at such other convenient place as is fixed by an order of court. A nonresident of the State subpoenaed within the State may be required to attend only in the county wherein the person is served with a subpoena, or at such other convenient place as is fixed by an order of court.

(e) Duties in responding to subpoena.

(1) If a subpoena does not specify a form for producing documents or electronically stored information, the person responding shall produce it in a form or forms in which it is ordinarily maintained, or in which it is reasonably usable. Absent a showing of good cause, the person responding need not produce the same documents or electronically stored information in more than one form. The person responding need not provide discovery of documents or electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On a motion to compel discovery or for a protective order, the person responding to a subpoena must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the Court nevertheless may order discovery from such sources if the requesting party shows good cause. The Court may specify the conditions for the discovery.

(2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, electronically stored information, or tangible things not produced that is sufficient to enable the demanding party to contest the claim.

(f) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon the person may be deemed a contempt of the court from which the subpoena issued.

End

Amendment History

Amended May 15, 1972, effective July 1, 1972

further amended December 7, 1999, effective January 1, 2000

further amended August 29, 2014, effective January 1, 2015

Plain-English Summary

The circuit court clerk issues every subpoena under the court's seal, naming the court and the case and commanding the person named to appear and testify at a stated time and place; a party can also get a signed, sealed subpoena left otherwise blank to fill in before serving it. A subpoena can also demand production of documents, electronically stored information, or tangible things, and can specify the form for producing electronic information, though the court can quash or modify an unreasonable or oppressive subpoena, or condition denial of that request on the requesting party advancing the reasonable cost of production. Service can be made anywhere in the state, by a sheriff, deputy, or any non-party at least 18 years old, or, within a county, by the police chief or a designated subordinate, and generally requires tendering one day's witness fee and mileage, except when the state or a county is the one issuing the subpoena.

A subpoena tied to a deposition follows the notice already given under Rule 30(b) or 31(a) and can also demand documents within the scope of Rule 26(b), subject to that rule's protections; the recipient has 10 days (or less, if the subpoena's compliance date is sooner) to object in writing to inspection or copying, after which the requesting party needs a court order to proceed. A resident can be required to attend only in the county of residence, employment, or business, or wherever else the court orders; a nonresident served in the state can be required to attend only in the county of service or wherever else the court orders. Absent a specified form, documents or electronically stored information get produced as ordinarily maintained or in a reasonably usable form, and a claim of privilege or trial-preparation protection over withheld material must be made expressly and described in enough detail to let the other side contest it. Failing to obey a subpoena without adequate excuse can be treated as contempt of the issuing court.

Frequently Asked Questions

Who issues a subpoena in a Hawaii civil case?

The clerk of the circuit court where the action is pending, under the court's seal; a party can also obtain one signed and sealed but otherwise blank to fill in before service.

Can a subpoena be challenged as too burdensome?

Yes. Rule 45(b) lets the court quash or modify a subpoena that is unreasonable and oppressive, or require the requesting party to advance the reasonable cost of production as a condition of enforcing it.

What happens if someone ignores a subpoena?

Under Rule 45(f), failing to obey a subpoena without adequate excuse may be treated as contempt of the court that issued it.

Source & verification. The rule text and History are reproduced verbatim from the official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 45). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source

Also known as: subpoenasubpoena duces tecumquash a subpoenacontempt for ignoring subpoena